John Steele Tries To Get Out Of Alan Cooper's Lawsuit By Arguing That The Use Of 'Alan Cooper' Was 'Coincidental'

from the damn dept

John Steele just can't stop digging. The alleged (and confirmed by multiple courts) mastermind behind Prenda Law's copyright (and CFAA) trolling efforts is likely headed for a world of trouble after Brett Gibbs, a lawyer who used to work for him, finally coughed up incredibly compelling evidence that Steele (and partner Paul Hansmeier) were the people behind Prenda Law -- despite multiple denials of that claim. However, as that was coming out, it appears Steele was busy trying to get himself out of the lawsuit that Alan Cooper brought many months ago, concerning Steele allegedly signing Cooper's name on various legal documents. Steele has now asked the court to dismiss the lawsuit.

For many months, there's been all sorts of bluster from Steele (and others on Team Prenda) suggesting that Cooper's claims were totally bogus and that "the truth will come out" at some point. In other cases, there have been attacks on Cooper's credibility, arguing that he had mental problems and was on medication, that he'd acted in unstable ways. Furthermore, in a variety of cases, Steele argued, often in conflicting ways, that Cooper either really had signed the documents or that he'd somehow given Mark Lutz permission to sign the documents for him. The contradictions made his claims not particularly credible in the first place.

So, now that he's actually filing to dismiss the lawsuit, does he argue that Cooper actually signed the documents? Or that he knew all about the documents even if someone else signed them? No. Instead, he basically argues that Alan Cooper is a very common name and maybe it's coincidental that Cooper's name was on the documents -- and thus, there has been no "invasion of privacy." Yes, it's hard to believe, after everything else claimed that this is Steele's strategy, but as we've seen before, he often seems to think he can talk his way out of everything, even if his other statements totally contradict what he now claims. The filing is really quite incredible.

First, Steele attempts to misrepresent Minnesota common law concerning invasion of privacy. First, he points out that the law is "limited" such that it doesn't apply to incidental mentions of someone:

The
value
of
the
plaintiffs
name
is
not
appropriated
by
mere
mention
of
it,
or
by
reference
to
it
in
connection
with
legitimate
mention
of
his
public
activities;
nor
is
the
value
of
his
likeness
appropriated
when
it
is
published
for
purposes
other
than
taking
advantage
of
his
reputation,
prestige,
or
other
value
associated
with
him,
for
purposes
of
publicity.
No
one
has
the
right
to
object
merely
because
his
name
or
his
appearance
is
brought
before
the
public,
since
neither
is
in
any
way
a
private
matter
and
both
are
open
to
public
observation.
It
is
only
when
the
publicity
is
given
for
the
purpose
of
appropriating
to
the
defendant's
benefit
the
commercial
or
other
values
associated
with
the
name
or
the
likeness
that
the
right
of
privacy
is
invaded.

Of course, all of that is sensible law. It's not an invasion of privacy to merely mention someone's name or to talk about their public activities. But that's not what is alleged to have happened here. The accusation is that Steele forged Cooper's signature on legal documents. To pretend that's the equivalent of a mere mentioning of Cooper is ridiculous. From there, Steele argues that the signature is just a "coincidental" signature of someone named Alan Cooper, and since it might not even be this Cooper, it doesn't rely on his "persona," but is rather "a coincidental use of the same name."

Plaintiff
alleges
that
Defendants
used
the
name
"Alan
Cooper"
without
his
express
permission,
but
he
does
not
allege
that
Defendants'
use
of
the
name
leveraged
Plaintiff's
"reputation,
prestige,
social
or
commercial
standing,
public
interest
or
other
values
of
the
plaintiff's
name
or
likeness." Indeed,
Plaintiff's
own
allegations
express
uncertainty
over
whether
he
is
even
the
"Alan
Cooper"
referenced
in
the
allegedly-offending
documents.
(See
Compl.
91
41)
("Defendants
have
never
identified
another
person
by
the
name
of
Alan
Cooper
who
could
plausibly
have
signed
the
documents
shown
as
Exhibit
A
or
Exhibit
B.")
The
reason
why
Plaintiff
is
uncertain
whether
he
is
the
"Alan
Cooper"
referenced
in
Plaintiff's
documents
is
the
very
same
reason
why
his
claim
must
fail:
nothing
in
the
documents
containing
the
name
"Alan
Cooper"
is
linked
to
or
otherwise
leverages
the
qualities
of
Plaintiff's
persona.
Plaintiff
does
not
allege
otherwise.
Plaintiff
has
no
exclusive
right
to
the
use
of
the
generic
name
"Alan
Cooper."
Otherwise,
any
person
who
signed
a
document,
"Alan
Cooper"--that
is,
even
someone
whose
legal
name
was
Alan
Cooper--could
be
liable
for
invading
Plaintiff's
privacy.
The
Court
should
dismiss
Plaintiff's
Count
I
with
prejudice.

The chutzpah it takes to file something like that with the court is rather stunning. He's not denying that he signed Alan Cooper's name. He's just arguing that it's not a violation of Alan Cooper's privacy because Alan Cooper is a common name. That takes balls. Of course, if it really was just some other Alan Cooper, then that's got to come back to bite Steele as well. After all, in the Navasca deposition by Paul Hansmeier, Hansmeier stated that Steele had been the one who got Alan Cooper's signature. And, when Judge Wright ordered "the real Alan Cooper" to appear in his court room, the only one who showed was the one who's now suing Steele. At no point has Steele previously indicated that there was another Alan Cooper, yet now he's trying to get out of this case by shrugging it off and saying it could be any Alan Cooper? Damn. He really does seem to think that everyone else in the world is dumb.

Steele further attacks Cooper's other claims by arguing that it couldn't be a deceptive trade practice because Cooper doesn't show what trade his name was involved in and because Cooper fails to show who was deceived. So, argument number two from Steele: signing someone else's name to a legal document in a court isn't deceptive if no one can be shown to be deceived.

Steele then attacks Cooper's claims that "Prenda Law, Inc., is a mere instrumentality of Steele." And that "Prenda Law, Inc.'s existence was a mere facade for individual dealings of Steele." Steele argues that since there is no allegation that supports those conclusions, the claims must be dismissed. I'm guessing he wrote this part prior to Brett Gibbs' filing, because I imagine that allegation supporting those conclusions rather strongly, complete with spreadsheet evidence, will show up rather quickly. Steele further argues that Cooper failed to show any documents where Steele represented that Alan Cooper was an officer of AF Holdings or Ingenuity 13. Apparently, the signed copyright assignments have completely slipped his mind?

At this point, this particular legal case is more of a sideshow to the other ones (along with the rapidly increasing probability that Steele and Hansmeier may soon have to deal with criminal investigations). But it's yet another glimpse into the mind of John Steele, where his statements indicate, yet again, that if he just keeps talking, maybe he'll talk himself out of the corner he's clearly been backed into.

Re: He's not at the bottom yet!

I'm pretty sure he's trying to delay proceedings till the scientific advances will allow him to claim that he's in a parallel universe and the real Alan Cooper signed these documents back "home". The man is a genius, there is no hope to understand his end game, until he chooses to reveal it.

Brass Balls

My Dearest John Steele, you certainly do have balls the size of churchbells. Too bad you have no brain cells to accompany them. I'm no lawyer, but even I know that any judge reading your trash is going to spit his coffee all over his desk trying not to laugh. Then he'll likely have to re-read it a time or two, just to make sure he's following your twisted logic.

I'll save you the suspense. Motion DENIED. You really do need to just come clean and get it all over with. Too bad your arrogance won't let you do that.

Re: Brass Balls

speaking of 'coming clean', these guys act like they are coked out of their skulls...seriously...

*that* would be about the only 'explanation' which would make perverted sense: get backed into a corner with no conceivable exit ? ? ?snort a fat line and make up some insane shit that sounds great under the influence...

Compendium

Ken White over at Popehat as very good sysopsis of all of the Prenda cases this morning (it's a long post). If you are familiar with the whole line, check out the last few paragraphs where Ken estimates the timing of DOJ and IRS potential cases.

So, how much longer do we have to wait to see these jerkoffs flee the country?

You can’t tell me it won’t happen. They’ve lost pretty much every motion and legal proceeding in the past year; their options for getting out from under their own weight have fallen to flight or death, and I don’t think any of those chumps have the balls to eat a gun.

Re: He has a point, actually

Yes it's believable. Unfortunately, Steel has admitted to knowing this Alan Cooper. If you're going to pick a name out of a hat, at least toss out names of people you know before putting them in the hat to begin with.

Re: He has a point, actually

Well, yes. And this may even get this particular case dismissed. However, pleading this only makes sense in an overall strategy when it involves leaving the country after the end of this lawsuit but before enough related lawsuits move to the penalty phase to let the net cashflow become negative, and most particularly before the IRS gets him arrested.

Or too many people wonder about the disappearance of Mark Lutz. Frankly, if they don't pull Steele's passport soon, I doubt they'll have much of an opportunity.

Re:

You know I can see a way in which his argument sorta makes sense...but it doesnt fit this case. Its about identity vs. name. If I filed court papers and signed it with the name John Smith. Could every John Smith sue me. If there is no link and no harm from filing a paper with a forged name that would come to any John Smith, then I don't see how anyone named John Smith could sue me. Now in this case its clear that Steele was forging not just the name but the identity of the Allen Cooper. If I remember correct Allens address was used at some point. If this all comes down to just a name on a court paper I don't see Allen Cooper can say he was harmed by Steele using his name. However, I belive there is more than just the court document involved in the lawsuit and Steele should certainly pay for it. All that said Steele should also get in trouble for forging a name on a court document among many other things that I hope he spends time in jail for.

Re:

Actually the harm was coming. What most likely was supposed to happen was when the house of cards fell:Your honor our client lied to us, let us out of this.People start searching for Allan Cooper and many roads point to a man who worked as a caretaker. Then we play a game trying to get someone who knew nothing to tell us the truth about it.They waste a bunch of time shredding his life.If sharkMP4 had been discovered then, fingers would have pointed to the "copyright holder" to have been the one behind it.Meanwhile Peg Leg Productions owns more content that is being "stolen" on the internet and has chosen SteHanDuf Law to represent them in court.

It begins to look like end game is within sight. The point at which the judges dealing with all this each decide on their own they've had enough and have figured out what is really going on.

When that happens I suspect that the mess a dump truck does when it dumps it's load will look pretty in comparison. This has went on a long time but I would imagine it is beginning to be quite constrictive in some people's personal space. It's not likely to get better as time goes on in my opinion.

Re:

That fits. Reading Ken's comprehensive monster break down (long is an understatement... Long might be 7 screens... Ken wrote THIRTY FIVE!), Steele comes off as Lionel Hutz pretending to be Johnnie Cochran.

Re:

"Who's banking on horse with no name claiming that the judge involved in this one is also coincidentally deranged, overstepping and an enemy of IP law?"

Nice flame my trolling friend, but no. This judge appears to be playing well within the parameters of judicial power, and is not being abusive towards any party in the situation.

For the record, I will repeat what I have posted in the past. I think Prenda law are idiots, on the same scale as Tenenbaum, as they are screwing things up for everyone else.

That being said, the judge that dragged people in front out of state to give them a "judicial spanking" (imagine that one if you have problems sleeping) in my mind went to either the very edge of his powers or beyond, and bordered on being abusive.

Due process means due process for everyone, not just the people you like. Summoning people to stand in front of the court with no way to prepare and no way to defend themselves pretty much kills that, don't you think?

Might want to re-think that argument

If he's going to argue that the name 'just so happens' to match that of someone he knew, but is not in fact that particular Cooper, then that means that the documents were entirely forgeries, as they were signed by a person that does not exist, because as far as I know Prenda have done everything in their power to avoid identifying just which 'Cooper' they mean, which would make plenty of sense if it was in fact the Cooper that brought the suit of identity theft, but no sense at all if it wasn't, unless the mystery 'Cooper' didn't exist in the first place.

So let's see, we'd have fraudulent copyright assignments, forging a signature on a legal document, signed by a person who didn't exist, lawsuits brought about over the fraudulent copyrights, perjury in multiple courts over the claims that the copyright was legitimate and had been assigned legally... you know what, I think I actually hope his argument here is accepted, as it seems it would make things a whole lot worse for him in the long term.

Motion to dismiss

What the techdirt author fails to note for readers is that in the context of a motion to dismiss in federal court, the court accepts all of the facts of the complaint as true and then decides whether, given all those facts, the plaintiff would have a case. A defendant can't successfully argue that a given fact alleged in the complaint is not true (with rare exception). A motion to dismiss is sort of a threshold test: Given everything that Plaintiff alleges, do we even have a controversy that needs to proceed to discovery and trial?

So Steele's arguments sound funny because it would be counterproductive for him to argue that he didn't do x or y when the complaint alleges x or y. Instead, as with most motions to dismiss, he is left to argue that what the complaint alleges is not even a cause of action.

Re: Motion to dismiss

@Mike So by re-writing his story, John is attempting to use a Jedi Mind Trick ("This is not the controversy you are looking for. You can go now. Move along."). Is that your interpretation of this event?

Re: Re: Coincidental

Perjury de facto is no longer considered a crime. The Attorney General Eric Holder himself made generous use of it when testifying before congress, has led an investigation of his perjury and let himself off without as much as a plea deal. He has not even bothered starting an investigation for the recent numerous cases of perjury of NSA and CIA officials.

It is however conceivable that some judges have not yet caught up with the Department of Justice and established case unlaw.

Motion to Dismiss

@Mike is right on the motion to dismiss aspect of it. Steele isn't arguing the merits of the case. Rather, he's arguing over whether the complaint filed by Cooper states a valid cause of action. This statement by Mr. Masnick is pretty telling:

"So, argument number two from Steele: signing someone else's name to a legal document in a court isn't deceptive if no one can be shown to be deceived."

Steele's argument has nothing to do with whether anything was deceptive. It's a technical argument that the complaint fails to plead what is presumably an essential element of a cause of action for Deceptive Trade Practices: that someone was actually deceived. While I'm not familiar with Minnesota law, you have the same requirement in virtually any fraud or misrepresentation cause of action: the plaintiff needs to plead and ultimately prove that someone was deceived and that they reasonably relied upon the false representation.

Mr. Masnick, I appreciate your frequent coverage of the ongoing Prenda saga, but this isn't the first time you've crossed over from amusingly snarky coverage into clear misunderstanding of the law and the pleadings. You might want to run some of the legal analysis by a lawyer before posting these critiques.

Re: Motion to Dismiss

Re: Motion to Dismiss

Given the forgeries were used to sign legal papers, and then claimed, in court to legitimize the copyrights they were suing people over, I'd say the 'was anyone deceived' qualifier for that would be more than met.